How can inventorship be corrected in a national stage application?
The process for correcting inventorship in a national stage application depends on the international filing date of the application: For applications with an international filing date on or after September 16, 2012: Inventorship may be corrected under the procedure set forth in 37 CFR 1.48(a). The name of an inventor may be corrected or updated…
Read MoreHow can the name of the applicant be corrected or updated in a U.S. National Stage Application?
To correct or update the name of the applicant in a U.S. National Stage Application, the following steps must be taken: Submit an Application Data Sheet (ADS) under 37 CFR 1.76 Specify the correct or updated name of the applicant in the applicant information section (37 CFR 1.76(b)(7)) Ensure the ADS complies with 37 CFR…
Read MoreCan I convert my national application filed under 35 U.S.C. 371 to an application under 35 U.S.C. 111(a)?
Yes, it is possible to convert a national application filed under 35 U.S.C. 371 to an application filed under 35 U.S.C. 111(a), and vice versa. This process requires filing a petition under 37 CFR 1.182. According to MPEP 1002.02(p): “Petitions under 37 CFR 1.182 to convert a national application which was filed under 35 U.S.C.…
Read MoreWhat happens if the basic national fee is not paid within 30 months from the priority date in a U.S. national stage application?
If the basic national fee is not paid within 30 months from the priority date in a U.S. national stage application, the consequences can be severe. According to MPEP 1893.03(b): “If the basic national fee is not paid within 30 months from the priority date, the application is abandoned.” This means that failure to pay…
Read MoreHow can a U.S. national stage application claim benefit under 35 U.S.C. 119(e) of a prior U.S. provisional application?
To claim benefit under 35 U.S.C. 119(e) of a prior U.S. provisional application in a national stage application, the following requirements must be met: The national stage application must comply with 37 CFR 1.78(a). The provisional application must have a filing date and the basic filing fee must have been paid within the specified time…
Read MoreHow can a U.S. national stage application claim benefit under 35 U.S.C. 120 and 365(c) of a prior application?
To claim benefit under 35 U.S.C. 120 and 365(c) of a prior filed copending nonprovisional application or prior filed copending international application designating the United States, the national stage application must meet these requirements: Comply with 37 CFR 1.78(d). The prior application must name at least one inventor also named in the later filed international…
Read MoreWhat is the process for changing the applicant in a U.S. National Stage Application?
To change the applicant in a U.S. National Stage Application after an original applicant has been specified, the following steps must be taken: Submit an Application Data Sheet (ADS) under 37 CFR 1.76 Specify the new applicant in the applicant information section (37 CFR 1.76(b)(7)) Ensure the ADS complies with 37 CFR 1.76(c)(2) Comply with…
Read MoreHow is the certified copy of the priority document handled in a U.S. national stage application?
The certified copy of the priority document in a U.S. national stage application is typically handled through the International Bureau. According to the MPEP: “Where applicant has complied with PCT Rule 17, the International Bureau will forward a copy of the certified priority document to each Designated Office that has requested such document with an…
Read MoreWhat is the application size fee for U.S. national stage applications?
The application size fee is an additional fee charged for U.S. national stage applications that exceed a certain number of pages. According to MPEP 1893.01(c): “The application size fee for a national stage application (37 CFR 1.492(j)) is based on the application size fee set forth in 37 CFR 1.16(s).” The fee is calculated based…
Read MoreWho can be the applicant for a U.S. national stage application?
The applicant for a U.S. national stage application depends on the international filing date: For applications with an international filing date on or after September 16, 2012: According to 37 CFR 1.42, the applicant may be: The inventor(s) The legal representative of a deceased or legally incapacitated inventor The assignee The obligated assignee (person to…
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